Inmates at the North Dakota State Penitentiary participate in a legislative budget hearing for the Department of Corrections and Rehabilitation on Feb. 4, 2025. A new effort by the League of Women Voters aims to educate people with criminal records about their voting rights. (Photo by Michael Achterling/North Dakota Monitor)
BISMARCK, N.D. (North Dakota Monitor) – The League of Women Voters of North Dakota is coordinating with state agencies and jails to make sure people with criminal records know their voting rights.
Under state law, North Dakota residents cannot vote while incarcerated for a felony. They can vote after they’re released, however, as long as they meet all other requirements. People can also vote if they’re serving time for a misdemeanor, or if they’ve been charged but not convicted.
But these nuances aren’t well understood by the public, said Whitney Oxendahl, a volunteer for the League of Women Voters of North Dakota.
Many volunteers for the League meet people who think having a felony means they permanently lose their voting rights, she said. Sometimes people with felonies also think they can vote in state elections but not federal races.
It’s common for people to think they can’t vote on probation or parole, either, said Adam Martin, CEO of the F5 Project, a nonprofit that supports people leaving incarceration.
He said these misconceptions could stem from other states having more restrictive voting laws for people with criminal records.
For example, South Dakota felons cannot vote until they finish their sentence, which includes parole and probation, according to a 2024 report by the Brennan Center.
The League is working to clear up these misconceptions by making sure the right information is out there, Oxendahl said.
“Even when I’ve spoken to community members — even some really involved community members who haven’t been through the justice system — many of them don’t know because there wasn’t a lot of information on it before we started,” she said.
The organization met with the North Dakota Secretary of State’s Office and asked if the office could put together a new voter guide for people with criminal records, Oxendahl said.
Now, they can find everything they need to know in one central location, she said.
The North Dakota Department of Corrections and Rehabilitation put the fact sheet on state inmates’ personal electronic tablets for easy access, said Robyn Schmalenberger, reentry program manager for the agency.
Oxendahl said the guide has been circulated with jails, too.
Because inmates don’t have access to the internet, it’s also difficult for them to get information about who will be on the ballot, she noted.
Oxendahl said she hopes to send the League of Women Voters’ own voter guides, which contains more detailed information about candidates and races, to all jails and prisons.
The League of Women Voters of North Dakota asked jails around the state what voting resources were already available to inmates and how they accommodate people who seek help voting.
She said according to staff at the facilities that responded, it’s rare for inmates to vote while incarcerated.
All of them said they would be happy to help eligible voters get absentee ballots upon request, however, Oxendahl said.
Capt. Lisa Wicks of the Burleigh/Morton Detention Center said she personally wasn’t aware of any people who had voted from jail.
“If I had to guess, it would be they’re just worried about other things,” she said.
Wicks said the jail would accommodate anyone who asked for assistance voting by mail.
The League of Women Voters in January shared voting information at its first-ever booth at a North Dakota State Penitentiary resource fair for inmates who will soon be released.
The F5 Project also regularly informs those leaving incarceration about their voting rights, Martin said. More people need to know they can vote, he said — especially since this freedom is not available in every other state.
“I really appreciate how easy it is to vote in North Dakota, and who can vote in North Dakota,” he said. “I think that shows North Dakota really cares about its people.”
Schmalenberger said the new resources and outreach efforts will help people reintegrate after life in prison. When people vote, they’re more likely to feel like an important part of their community — which is key to a successful reentry, she said.
“That helps support the positive change they’re making,” Schmalenberger said.
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